Labor Attorney

How the Law Deals About Different Types of Termination

Written on July 13, 2010 by admin

Filed Under: Labor Law

Termination of employment is the end of the employee’s duration with the employers. This may be caused by the decision of the employer, of the employee or a mutual decision by both the employer and the employee.Termination can be voluntary or involuntary.Voluntary TerminationVoluntary termination refers to the decision of the employee to leave the job. This is commonly known as resignation, quitting, leaving or giving notice. Some of the common reasons of termination are the following:• Dissatisfaction with the job, employer, hours of work and working condition• Factors in employee’s personal life not related to the job but affect the employees performance• Hire at a new job with better working conditions and higher salary• Anticipated involuntary termination• Retirement – This may be due to employee’s age, sickness or other disability.Depending on the case, voluntary termination may be sudden and abrupt without warning to the employer or with certain amount of notice given.Generally, employers prefer that the departing employee will give a notice at least two weeks before he or she leave. This will give a good impression on the employer and will give her a chance to be rehired by the same employer in the future.Involuntary TerminationInvoluntary termination refers to the employee’s departure at the hand of the employer. There are two basic types of involuntary termination termed as being “fired” and “laid off”.Being fired is always considered as the employees fault. This case often hinders the employee’s chance of seeking future jobs.There are many reasons why an employer fired an employee, but the common reasons are:• Failure to meet the standard performance• Chronic absence, tardiness and other work related problem• Unprofessional mannerism or inappropriate conduct• Constant or gross insubordination• Damage caused to the employer through negligence• Repeated minor violations of works rule by he employee• Any other inappropriate acts of the employeeTermination by Mutual AgreementSome termination is the result of mutual agreement of the employer and the employee. Actually, in most cases it is the desire of the employer to terminate the service of the employee but in order to soften the situation the employer offer mutual termination. However, there are cases where the termination date is agreed before the employee starts.The following are some of the instances were pre-termination agreement occurs:• End of the employment contract after the specified period• Mandatory retirement• Forced resignationWrongful TerminationWrongful termination refers to the unfair employment discharge. However, not all unfair termination cases results to wrongful termination.Generally, in the U.S there is no specific termination law per se. There are only different kinds of Federal Laws, which if violated by the employer would result to wrongful termination.It also constitutes wrongful termination if the employee’s termination is in violation of a constitutional provision or public policy. The same goes if the employer violated legal principles and concepts of employment.Statute of LimitationStatute of limitation is a period in which the individual is required to file a claim.In termination cases, the law gives an individual a maximum of three years from the occurrence of the incidents. It is necessary that you can file within the period to prevent your right from being barred.If you feel that you have been illegally terminated from your work or experienced any Labor Law violation, consult our vigorous termination law attorneys. Just log on to our website and make use of our live chat services available during office hours.

Have You Been Fired? Get Help From Termination Laws Attorneys

Written on July 10, 2010 by admin

Filed Under: Labor Law

In California, there is a provision known as “at-will” employment. Under this rule, employees may be fired by their employers for whatever reason they see fit. In general, employers can fire their employees only when the grounds are stipulated in the contract. This is not applicable, however, to at-will employees.

In almost all places in the world, it is unjust for any company to fire their employees without any solid grounds. They can only do so if such employee is violating company rules and regulations. If there is valid reason, the company still needs to follow due process in serving the termination. The employee should still be given a chance to defend himself.

Let us say that an employee is being terminated because of an allegedly falsified tax declaration. Labor laws do not give him the authority to fire the employee. The best thing the employer can do is find out if the act of the employee is in violation of company rules and regulations. The next move is for the employer to inform the employee that they violated company rules and be given the chance to air their side. By doing so, the company will not be violating the Anti-Retaliation Law.

Due to the numerous rights and benefits enjoyed by an employee, employers should realize that they are liable to committing violations of the labor laws. In the performance of their duty, intentionally or unintentionally, any act that discriminates their employees makes them prone to being sued.

This is the reason why companies should employ lawyers who will handle their legal case. Employment laws have complicated provisions that can be understood only by competent and trustworthy lawyers.

Before terminating an employee, termination law attorneys will base their decision on the following guidelines:

The validity of the employee’s explanation of their violation or poor performance must be evaluated. Remember, the employee must be allowed to defend themselves. There should be a fair and objective investigation about the matter. As much as possible, the committee tasked to investigate should not be bias in making their decision.

In making their decision, the company should see to it that it is consistent with the manner of solving previous violations by other employees. Fired employees follow the lead of their co-workers who have committed the same violation. If the employee sees that their employer is doing something illegal in handling the case, the former has valid grounds for suing the latter.

The company should consider other options aside from termination. It could send a precedent to other employees especially if the fired employee is one of the best employees in the company. Suspension can be another alternative to termination.

In serving the termination, the company should see to it that the rights of the employee have been protected. Civil laws supersede corporate rules. If the offense was done because the employee is following laws of the state, then the employer cannot reprimand the employee. Otherwise, they can be liable to the employee.

Wrongfully or unjustly firing an employee is a clear violation of state and federal laws. If you or your loved one has been terminated without cause, there are experts that can help you in making a claim against your boss. Termination lawyers knows what to do and can recommend the best course of action you can take.

Our termination laws attorneys are experts in providing just and appropriate resolutions for our Los Angeles clients’ Employment Law concerns. For your inquiries and free case evaluation, please visit our website.